Category: Radio
Date: 05.07.2005
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The Βι¶ΉΤΌΕΔ and the Radio Independents Group (RIG) have agreed new Terms of Trade for Commissioning Radio Programming from Independents.
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The new terms apply to all programmes commissioned from independent producers since December 7 2004, when the Βι¶ΉΤΌΕΔ published a draft framework for the revised terms, based on discussions with the sector.
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The key points of the new Terms of Trade are:
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Independents will own all rights (including copyright) in the programmes they produce.
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The Βι¶ΉΤΌΕΔ will take a licence to use programming across its networks for a period of ten years and to exercise public service new media rights.
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For all programming except comedy, drama and specialist music, there will be an automatic "break clause" after five years if the Βι¶ΉΤΌΕΔ no longer intends to exercise public service rights in the programme.
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The Βι¶ΉΤΌΕΔ will be able to extend its licence for a further five years, and on an ongoing basis for long running commissions.
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This will be subject to payment of an advance against future repeat fees.
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The Βι¶ΉΤΌΕΔ will acquire a number of transmissions in its primary rights licence fee.
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Further packages may be acquired throughout the period of the licence, subject to payment of a repeat fee.
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The licence periods for radio are longer than the corresponding ones in the TV sector, but the repeat fees are higher to compensate.
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Independents will control all distribution rights including format rights, programme sales internationally and within the UK following the expiry of the Βι¶ΉΤΌΕΔ's licence, commercial new media rights and audio publishing rights, subject to certain safeguards and protections needed to protect the Βι¶ΉΤΌΕΔ's licence.
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The Βι¶ΉΤΌΕΔ will be entitled to a share of net profit arising from the exploitation of all rights in the programming.
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Jenny Abramsky, Director of Βι¶ΉΤΌΕΔ Radio & Music, said: "We are delighted that the new terms have been agreed.
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"We've been in consultation with the industry since December 2004 to ensure that the new deal structure was fair and represented the interests of both parties."
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Mike Hally, Chair of RIG, said: "We're delighted to have been able to represent the industry so effectively in our first year of existence.
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"It's involved a lot of patient work - and some hard bargaining - on both sides, but the Βι¶ΉΤΌΕΔ team have engaged positively and constructively with us and the results amply justify the effort.
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"Both our members and the Βι¶ΉΤΌΕΔ will benefit from what we are all agreed is a fair deal that consigns the 'all rights' contracts to history."
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The Βι¶ΉΤΌΕΔ and RIG have spent considerable time in discussion to make sure the new deal represented a fair deal for the radio sector and has also consulted with PACT and individual radio suppliers to strike a balance between the Βι¶ΉΤΌΕΔ's and independent's interests.
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Debbie Manners, Βι¶ΉΤΌΕΔ Director of Rights & Business Affairs, said: "The discussions with RIG and the independent radio sector generally over the last 12 months have helped cement a truly collaborative, professional relationship between Βι¶ΉΤΌΕΔ Business Affairs and the Radio Independent Sector.
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"We look forward to building the relationship further as we implement the new deal, which we believe represents a real opportunity for radio independents to maximise the commercial opportunities in their programming, whilst delivering continued value back to Βι¶ΉΤΌΕΔ listeners.".
